Therapists and mandated reporting: specific situation

[Zapped]

If you're a lawyer or therapist familiar with mandated reporting requirements for therapists, some guidance could be helpful.

 

A younger colleague (I'll call him "Gabe"), now in his mid 30s, wants to see a therapist and doesn't know if it is safe to disclose the story below, about which he feels both remorse and fear that, even if he is in no legal jeopardy, his reputation is at risk in the #metoo era.

 

14 years ago, in NYC, a 14-year-old guy briefly witnessed Gabe (who was then 20) going down on another guy (also 20) in a more-or-less public situation. The 14-year-old had verbally encouraged them, but then when it actually happened got upset and left. Some drama ensued at the time (all three of them were involved in an ex-gay religious program), and the 14-year-old and his parents chose not to pursue any legal action.

 

Now Gabe (who lives in the midwest) wants to start therapy to deal with many issues, including guilt about this incident, and wonders if he reveals this incident to a therapist if the therapist would be required as a mandated reporter to report the incident to NY authorities.

 

It's clearly well past the statute of limitations, but I'm aware that in some situations this doesn't mean a past act of sexual abuse (if this was that) with a minor doesn't have to be reported.

 

I'm neither a lawyer nor a therapist. This doesn't seem to me like the sort of thing a therapist would have to report now, but it's the kind of a situation, not involving physical contact, that I am not finding much about through quick Google searches.

 

So if you are a lawyer or a therapist familiar with mandated reporting laws and can shed any light I can pass along, it would be appreciated.

[bnm73]

If you're a lawyer or therapist familiar with mandated reporting requirements for therapists, some guidance could be helpful.

 

A younger colleague (I'll call him "Gabe"), now in his mid 30s, wants to see a therapist and doesn't know if it is safe to disclose the story below, about which he feels both remorse and fear that, even if he is in no legal jeopardy, his reputation is at risk in the #metoo era.

 

14 years ago, in NYC, a 14-year-old guy briefly witnessed Gabe (who was then 20) going down on another guy (also 20) in a more-or-less public situation. The 14-year-old had verbally encouraged them, but then when it actually happened got upset and left. Some drama ensued at the time (all three of them were involved in an ex-gay religious program), and the 14-year-old and his parents chose not to pursue any legal action.

 

Now Gabe (who lives in the midwest) wants to start therapy to deal with many issues, including guilt about this incident, and wonders if he reveals this incident to a therapist if the therapist would be required as a mandated reporter to report the incident to NY authorities.

 

It's clearly well past the statute of limitations, but I'm aware that in some situations this doesn't mean a past act of sexual abuse (if this was that) with a minor doesn't have to be reported.

 

I'm neither a lawyer nor a therapist. This doesn't seem to me like the sort of thing a therapist would have to report now, but it's the kind of a situation, not involving physical contact, that I am not finding much about through quick Google searches.

 

So if you are a lawyer or a therapist familiar with mandated reporting laws and can shed any light I can pass along, it would be appreciated.

 

That could depend, in part, in what state/territory we're talking about. I'm no expert, but some states require reporting of any current or imminent abuse but not necessarily things that happened more than a decade ago.

 

This link might be helpful: https://www.childwelfare.gov/pubPDFs/manda.pdf#page=5&view=Summaries%20of%20State%20laws

[Zapped]

That could depend, in part, in what state/territory we're talking about. I'm no expert, but some states require reporting of any current or imminent abuse but not necessarily things that happened more than a decade ago.

 

This link might be helpful: https://www.childwelfare.gov/pubPDFs/manda.pdf#page=5&view=Summaries of State laws

 

Thanks. I suggested when he does talk with a therapist, he ask in hypothetical terms, like, “if a client of yours said he had sex in front of a minor 14 years ago and the family declined to involve legal authorities, would that be something you would have to report?”

[JayCeeKy]

Most states require that the "mandated reporter" make a report. The victim can refuse to cooperate.

[+ sniper]

I have no idea on the reporting issue, but what if he just says they were all teenagers and leaves out the adult/minor aspect of the story? shifting the details slightly probably takes it out of the realm of a crime while not being all that relevant to the emotional aspect.

[Zapped]

I have no idea on the reporting issue, but what if he just says they were all teenagers and leaves out the adult/minor aspect of the story? shifting the details slightly probably takes it out of the realm of a crime while not being all that relevant to the emotional aspect.

 

Thanks.

 

That makes some sense, but in this case if he’s telling his whole story, from the sequence of events it will be clear he was over 18, and he wants to be totally open.

 

I did suggest he talk with a gay or gay-friendly priest or minister who does counseling, because then it would be a protected conversation.

[bnm73]

Thanks.

 

That makes some sense, but in this case if he’s telling his whole story, from the sequence of events it will be clear he was over 18, and he wants to be totally open.

 

I did suggest he talk with a gay or gay-friendly priest or minister who does counseling, because then it would be a protected conversation.

 

Yeah, do you really want to start off lying to your therapist? And talking to a priest/minister is not necessarily protected. At minimum, it has to be "in the confessional," assuming the state recognizes a priest/penetant confidentiality.

 

I get that this is a difficult situation....but he really needs to talk to someone in the state where he is located about whether old things are mandatory reporting issues since the specifics differ from state to state.

[510guy]

Mandated reporting laws are to protect a possible sexual abuse situation and not necessarily something that happened years ago. From what I am understanding mandated reporting laws do not apply here. A mandatory reporter is usually a teacher, social worker, etc. I am not sure if a therapist falls under that but not sure.

 

There is also what is called a conscientious reporter that is not required to report but encourages out of conscience.

 

I am not a lawyer or therapisg but have some knowledge on mandatory reportinglaws.

Edited September 7, 2018 by 510guy